This is a letter sent to the ACLU of Utah asking for litigation against the spate of bills signed into law by the Utah Governor. I do not really expect the ACLU to initiate effective litigation against these bills/laws.

I am looking for both funds and trail counsel with expertise in constitutional law and civil rights.

Can anyone help?

PM.

From: withheld
Re: Utah Immigration Laws

ACLU:

I have serious concerns in regard to the immigrations bills HB 116, HB 466, and HB 469 that Governor Herbert signed into law on 3-15-2011. If possible I will challenge those bills myself. Unfortunately, I am disabled and finances will prohibit a direct challenge unless I can find funding.

HB 469 allows any Utah citizen to sponsor an illegal alien after paying a fee and attesting to being financially responsible for said alien. This bill does not place any requirement of workplace enforcement, safety requirements, housing requirements, health insurance requirements, or minimum pay if the alien is used in a work environment on the sponsor. If the immigrant alien does not perform to the sponsors expectations and the sponsor withdraws his/her sponsorship, then under HB 497 and the US immigration code the alien is subject to deportation. HB 469 creates a system in which people would be in violation of the human smuggling provisions of 8 USC 1324 and would unfairly place many people at risk of federal prosecution and also unfairly place many at unnecessary risk of deportation. In effect, HB 469 creates a system of slavery in the state in violation of amendment 14, US Const. HB 469 also violates federal preemption in immigration.

HB 466 has the constitutional flaw of intruding into the United States rights to enter into foreign treaties and the exclusion of the states in this area. On its face, HB 466 is unconstitutional.

HB 116 has several flaws, besides the preemption issues, this bill requires the state of Utah to collect federally owed taxes in the event that an illegal alien worker does not have a social security number or an ITIN, and remit those funds to the federal government, if and when the state chooses. This provision alone is in violation of federal tax code and sets the state up to deny the revenue to the federal government if the federal government were to pass a law the state disagreed with.

HB 116 removes these provisions of the applicant of a foreign immigrant worker, H2 program, provided to the immigrant and places those burdens directly on the alien worker:
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